92 Decision Citation: BVA 92-21700
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 92-05 024 ) DATE
)
)
)
THE ISSUE
Entitlement to service connection for the cause of the
veteran's death.
ATTORNEY FOR THE BOARD
R. S. Barron, Associate Counsel
INTRODUCTION
The veteran had active service from February 1943 to
November 1945. This matter came before the Board on appeal
from the North Little Rock, Arkansas, Regional Office. In a
January 1992 rating decision, the regional office denied the
appellant's claim of entitlement to service connection for
the cause of the veteran's death. She filed a notice of
disagreement with this decision in March 1992, and a
statement of the case was furnished to the appellant also in
March 1992. She responded with a substantive appeal later
that month. The case was received and docketed at the Board
in April 1992. The appellant is not represented in this
appeal.
REMAND
The certificate of death reveals that the veteran died of an
acute myocardial infarction due to or as a consequence of
arteriosclerotic heart disease on August 10, 1991. The
appellant asserts that his service-connected post-traumatic
stress disorder contributed to his death.
In reviewing the record, the Board notes that a VA
psychiatric examiner at a VA examination in Novmeber 1983
stated that it was his opinion that the veteran's two
premature myocardial infarctions were in large part, if not
exclusively, brought about by the veteran's longstanding
post-traumatic stress disorder. In order to confirm that
assertion, the Board finds that additional evidence is
necessary. Moreover, in her substantive appeal, the
appellant asserts that she has further medical records.
These have not been associated with the file. Also, a
January 1991 VA hospitalization report indicated that the
veteran had a coronary artery bypass graft times three in
1985. The records of this hospitalization are not in the
claims file.
The VA has a duty to assist the appellant in the development
of facts pertinent to her claim. 38 U.S.C. § 5107 (1991).
The U.S. Court of Veterans Appeals has held that the duty to
assist the appellant in obtaining and developing available
facts and evidence to support her claim includes obtaining
medical records to which the appellant has referred. Littke
v. Derwinski, 1 Vet.App. 90 (1991). Accordingly, this case
is REMANDED to the regional office for the following:
1. The appellant should be contacted and asked to
provide the names and addresses of any medical
providers from whom the veteran received treatment
for his heart condition. The appellant should
provide specific information about the coronary
bypass surgery the veteran had in 1985. She should
also sign and submit an appropriate form giving her
consent for the release of these records to the VA.
2. When the consent forms are received, the
medical providers should be contacted and asked to
furnish copies of all records they may have
concerning treatment of the veteran's heart
condition.
Following completion of these actions, the regional office
should review the evidence and determine whether the
appellant's claim may now be granted. If not, the appellant
and her representative should be provided with an
appropriate supplemental statement of the case, and the case
should be returned to the Board for further appellate
consideration.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
D. W. DATLOW, M.D. I. S. SHERMAN
*
(Member temporarily absent)
(CONTINUED ON NEXT PAGE)
38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of
the Board, to proceed with the transaction of business
without awaiting assignment of an additional Member to the
Section when the Section is composed of fewer than three
Members due to absence of a Member, vacancy on the Board or
inability of the Member assigned to the Section to serve on
the panel. The Chairman has directed that the Section
proceed with the transaction of business, including the
issuance of decisions, without awaiting the assignment of a
third Member.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United
States Court of Veterans Appeals. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal. 57 Fed.
Reg. 4126 (1992) (to be codified as 38 C.F.R. § 20.1100(b)).